Revolutionary War Pension and Bounty Land Warrant Application File S. 35286, Benjamin Ethell, Va.

SERVICE
NUMBER _____
Var-
Ethell, Benjamin Athell or
S 35286
CONTENTS

Exhibit A Kentucky 1791
Benjamin Ethell Ashe Clark Co. in the state of Kentucky he was a Corporal in the regiment commanded by Colonel Grayson, of the Virginia line, for the term of three years.
scribed on the Roll of Kentucky , at the rate of 8 Dollars per month, to commence on the 31. of August, 1818.
ertificate of Pension issued the 7. of Sept. 1820, and sent to the applicant, at Winchester, Kentucky.
ears to 4th of Sept. 1820. $ 193.32 emi-anl. all'ce ending 4. March 48 " 24 mo. \frac{1}{31} } 1821. } 241.32. \frac{4}{30} }
{ Revolutionary claim, { Act 18th March, 1818. } and 1 st May, 1821.

1887 Feby 23 - Mrs Mollie L Fouts of Ambronia La with history & also residence & birth of Anthony & Henry Ethell for identification - whether brothers
Prior

Clarke Co: Ohio Ethell Kentucky. Decl.
Benj n Ethell, or Athell, Corp t . original declar n , 31 st Aug t . 1818.
Corporal in Col o . Grayson, (afterwards, Col o . Gists) reg t . Virg a line, March, 1777 — 3 years.
found on the rolls under the name of Benjamin Athell. worth $1. 20.
applicant, at Winchester, Kent t . Rec d . 3. Aug t . 1820.

State of Kentucky Clarke Circuit Court
On this 15 day of July 1820 personally appeared in open court being a court of record (expressly made so by the laws of the State of Kentucky which created it) for the said Circuit Benjamin Estell some times called Estell aged sixty three years resident in Clarke County in said Circuit who being first duly sworn according to law doth on his oath declare that he served in the revolutionary war as follows. He was enlisted on the 28 th of March 1777. He was some time in Capt. Francis Bell's company and afterwards belonged to Capt. Nathaniel Mitchell's company - and acted as corporal in both companies - He belonged all the time to the 16 th Virginia Regiment in the continental establishment commanded by Col. William Grayson a while and afterwards he thinks by Col. Green - in the Brigade commanded by Brigadier Gen. Charles Scott. The Division was commanded by Major General Stephens at first and afterwards by the Marquis de Lafayette. He served out the full term of three years, the time for which he was enlisted. He was in the battle of Monmouth and also in that of Stony Point - He made his original declaration on the 31 st of August 1818 but he has never yet received any pension - which statement annexed to this with the proofs therein taken. And I do solemnly swear that I was a resident citizen of the United States on the 18 th of March 1818. and that I have not since that time by gift sale or in any manner disposed of any property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" passed on the 18 th day of March 1818; and that I have not, nor has any

person in trust for me, any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed. One horse and one mare and colt lent by me about six or seven months ago to one of my sons to go to Missourie but whether they are alive at this time or not I do not know
Benjamin Ethell
And I do also swear that my occupation is that of shoe making, but that I am not able to pursue it more than one third of the day, if that long, from weakness and debility produced by age, and that whilst I am engaged at my occupation I can do very little. My wife is yet living who is about fifty years old, and almost unable to do any thing. I have no one to render me any assistance in supporting myself and wife. My children have all grown up and left me
Sworn to and declared by D Ethell on the 15 th day of July 1820 before me Jas Clark one of the circuit judges for the State of Kentucky in open court
Jas Clark Circuit Judge

18 Morgan County State of Kentucky Set
This day Benjamin Ethell personally appeared before me James Caldwell a Justice of the peace for said County and made Oath that he was called by the name of Athell in the army and has generally been called Athell since under my hand this 10th day of July 1820 James Caldwell
Morgan County State of Kentucky Set
This day George Speake a man of credit personally appeared before me James Caldwell a Justice of the peace for D. County and made Oath that Benjamin Ethell who he was well acquainted with in the revolutionary war while in the service of the United States and that he always went by the name of Athell & that the S. Athell or Ethell served in the war for at least two years given under my hand this 10th day of July 1820 James Caldwell
Morgan County State of Kentucky Set
This day James Rains a man of credit personally appeared before me James Caldwell a Justice of the peace for said County and made Oath that he was well acquainted with Benjamin Ethell a soldier in the Revolutionary war and that and that the S. Ethell when in the army always went by the name of Athell and that he served with the S. Ethell or Ethell upwards of two years in the United

United States service the S d Allett or Ethell acted as corporal while in the S d Rains served with him given under my hand this 10 th day of July 1820 J. L. Caldwell B d
State of Kentucky Mercer County Set
I Thomas Allen Clerk to the County Court of said County do hereby certify that James Caldwell Esquire before whom the foregoing affidavits, were made was on the day of the dates of the same and still is  are acting Justice of the Peace in and for said County
In Testimony whereof I have hereunto subscribed my name and affixed the seal of my said Office this 10 th day of July 1820
Tho. Allen

State of Kentucky, Clarke Circuit June Term 1870.
I Samuel M. Taylor clerk of the court held for the circuit aforesaid do certify that the within declaration & schedule thereto annexed of Benjamin Ethell together with the certificate of James Clark esq. who is proge of said court, are truly transcribed from the originals deposited in my Office, and recorded in Court. and I do further certify that it is the opinion of the court that the total amount in value of the property in testimony whereof I have hereunto in a full  true  and  correct set my hand and affixed the seal of said court this twentieth day of July 1870 and in the 29th year of the Commonwealth.
Sam. M. Taylor

Benjamin Ethell (corporal) Colonel Graysons Regt Virginia line 1777-3 years
-1782 '01 91
The deposition of 2 witnesses (certified by the judge to be credible) proving 900 service on continental establishment is required judges certificate of services of applicant wanted.
Chas. H. Hampton

State of Kentucky
Warren County, Set.
This day Benjamin Ethell personally appeared before me Benjamin Shackelford sole judge of the for Circuit Court for Warren county in the State of Kentucky, and made the following statement of facts on oath
"I Benjamin Ethell now a citizen of Warren County & state of Kentucky do solemnly declare that I served as in the war of the Revolution between this Country & Britain in the continental army three years, I was enlisted on the 28th day of March 1777 and as well as I can remember sometime in May following I was made corporal. I went out in Capt. Francis Willis's Company & was made  corporal corporal while therein he resigned & I was put into Capt Nathl. Mitchell's Company & still retained my office I all the time belonged to the 16th Virginia Regiment on the continental establishment commanded by Col William Grayson a while, & afterwards I think by Col. Griffin we belonged to Brigadier Genl Charles Scott's Brigade. The Division was commanded by Maj Genl. Stephens after he was taken prisoner  and  then for a time & afterwards was  commanded by the Marquis De la Fayette. I served out the full

term of three years for which I insisted & continued in the office of Corporal all the time. After I was appointed. I in- listed in Virginia but served the most of the time in in Pennsylvania & the Jerseys & New York at the end of the term I was honorably discharged. My original discharge is now lost out of my power I gave it to a brother of mine who now lives in the State of Virginia, some thing like thirty years ago. I was in the battle of Monmouth & also in that of Stony Point & in several other scouts I am now about sixty one years of age & am growing very feeble I have no one to assist me in supporting myself & wife; my children have all left me. I am in reduced circumstan- ces & stand in need of the as- sistance of my Country for a support & am desirous of obtaining the relief provided by a late act of Congress for those who are have served in the Revolutionary war & are so circumstanced. And I hereby relinquish all pensions her- etofore granted me by the Government of the United States.

Witness my hand this 31 st day of August 1818      Benj m Ethell
State of Kentucky Warren circuit set
This day Benjamin Ethell appeared before me B. Shackelford sole judge of the circuit and made oath to the foregoing statement of facts. I am satisfied from the testimony of Job Watson that the said B. Ethell has no property wherewith to support himself. Given under my hand this 31 st August 1818
State of Kentucky } B. Shackelford Warren County set
I Jonathan Hobson clerk of the circuit Court for said county do certify that Benjamin Shackelford who subscribed the foregoing certificate is & was at the time of subscribing the same sole judge of said Cir- cuit Court. Witness my hand & the seal of my Office this 31 st August 1818 John Hobson

State of Kentucky, Barren County set
I Christopher Tompkins, one of the Circuit Judges for the State aforesaid, & sole Judge of the Barren Circuit Court, do certify, That John Morehead of Barren County & Christian Morehead his wife, this day appeared before me and made oath, That they were well acquainted with Benjamin Ethell at the time he enlisted in the revolutionary Army; That they did not see him enlist, but heard him declare his intention to do so, and saw him about the time he left his friends to join the army march off with the soldiers as soon as they and that he was absent from his friends about three years, during all which time they believe him to have been in the service of his Country. - I do further certify that the said Morehead and his wife bear a good character for integrity & veracity, and that I am therefore satisfied of the truth of the foregoing statement. Given under my hand this 20th September 1819.
Christ. Tompkins
Benjamin Ethell, Corporal Colonel Grayson's Regt Virginia Line 1777-3 years 10/20/19
The deposition of the witnesses (certified by the Judge to be credible) proving Mrs. service in Continental establishment as required by judges conference of services of applicant wanted
see page 85.
Cutts B. 64. b. 3

Benjamin Ethell (corporal) Colonel Graysons Regt Virginia line 1777-3 years
-10 1/2 10 1/2
See par 88.
White Bay: Oct. 6. 4
The deposition of 2 witnesses (certified by the Judge to be credible) proving 900 service on Continental establishment is required judges certificate of services of applicant wanted.
John H. ...

APPLICATION FOR A TRANSFER.
County of Boon  88. State of Missouri
On this 1 st day of September 182 6 , before me, the subscriber, a Justice of the Peace for the said county of Boon personally appeared Benjamin Ethell (or Athell ) who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Nathaniel Mitchel in the regiment commanded by Colonel William Graison in the service of the United States; that his name was placed on the pension roll of the state of the int. m. y. from whence he has lately removed; that he now resides in the state (district, or territory,) of Missouri where he intends to remain, and wishes his pension to be there payable, in future; and that his reasons for removing to the state of Missouri , are, 1 st because his children are there, with the exception of one, who is now on his road to go to state where he intends residing in future, and only because he thinks he can live easier and better, in missouri than elsewhere.
Sworn and subscribed to, before me, the day and year aforesaid. John Williams a Justice of the Peace  Benjamin Ethell
NOTES.—The oath to be taken before a duly qualified magistrate, whose official character and signature must be authenticated by the certificate of the proper officer, setting forth that the person taking the testimony is a Justice of the Peace, Judge, or Notary Public, as the case may be, and that the signature purporting to be his is genuine. The pensioner's oath must be supported by the evidence of another person as to identity. The person must swear that he well knows him to be the same person described in the above affidavit. The magistrate must certify that the deponent is a person of veracity. This oath must also have the authentication as above required.

State of Missouri } County of Boon }
Be it remembered that on this 1 st Day of September A D. 1826 before me, the Subscriber an Justice of the peace, for the said County of Boon, personally appeared, Oliver Partin who is known to me to be a man of truth and veracity & who being duly sworn Deposeth & sayeth that he, well knowing Benjamin G. Bell, whose name, is subscribed to the above affidavit, to be the identical person described in said affidavit, with his my hand and seal this day & date above written
John Williams Justice of the Peace
State of Missouri } County of Boon }
I Warren Woodson clerk of the county court, within and for the county aforesaid, do hereby certify and make known to all whom it may concern, that John Williams esquire, whose signature and certificate appear to be affixed to the above and other papers application and affidavit of Mary Spence G. Bell (Petitioner); and likewise to the above and other papers

now is, and was at the time of his making & signing the  his  50 and affidavit of Oliver Parker an acting district of the Peace within and for the said county of Boon, duly commissioned and qualified as such according to law, and that the said signature of the said John Williams esq is genuine, and that full faith and credit is due to and should be given to all of his official acts as well in courts of Justice as otherwise.
In Testimony Whereof I have hereunto set my hand and affixed the seal of the said court at Columbia the county seat of said county, this first day of September in the year of Our Lord Eighteen hundred and Twenty six
Warren Woodson CLK
State of Missouri County of Boon ss.
I John Henderson President pro tempore of the county court within and for the said county of Boon, do hereby certify that Warren Woodson, whose name is subscribed to the above certificate, now is and was at the time of mak- ing and signing the same clerk of the county court for the said county of Boon, duly commis- sioned and qualified, and that his certificate is in due form of law. Given under my hand and seal this second day of Sept. A.D. 1826 John Henderson go, Clerk pro tempore for B.C.

The deponents The deponents state that the applicant was known in the Army by the name of O'Neill — was this the case? let the app t make out to this.
The Judge will certify that he is satisfied he served as stated & that from his advanced circumstances he need the assis- tance of his Country etc.
The trial of the Court will be annex d to his certificate
The deponents should be certified to be credible & disinterested & the mag t off character authen- ticated by the seal of the
Court

Old war Int. C
Ethell Benjamin S 35286
Department of the Interior PENSION OFFICE
Washington, D.C. Feby 23 d , 1887
Madam,
In accordance with your request of the 2 d inst, addressed to the Hon, B. Henley, by him referred to this office, for information of your great grandfather, Benjamin Ethell, or Athell, a Revolutionary Soldier, you will receive herewith enclosed, a Statement, on a separate sheet, of such history as is contained in the papers which he filed with his application for a pension.
If his widow died prior to 1838 she would not be entitled to a pension, except she was married to him prior to while he was in the military service and before the termination of his service in the said war. Her name has not been found on record as an applicant for a pension.
The pension allowed to Benjamin Ethell was under the act of March 18. 1818, which law confined its benefactions to those soldiers whose enlistment and service covered nine months in the Continental line, and any additional enlistments in that organization, or in the State troops, or in the Militia, he was not required under that law to state the same.
As you have mentioned that Benjamin came over together

with his brother Anthony from England or Scotland, and was subsequently followed by their brother Henry, sufficient data of two pensioners named Anthony and Henry Ethell has been added from their pension papers, to enable you to determine whether they are brothers to Benjamin, and if so, it will designate the residence of the latter in Virginia -
There is no record of other applicants for a pension, by the family name of Ethell or Athell -
Very respectfully
Commissioner
Mrs Mollie L Fouts Care of Rev d A. Z Young Ambrosia East Baton Rouge La.,

Treasury Department,
THIRD AUDITOR'S OFFICE.
Washington, D. C. May 4. 1880.
Sir:
In reply to your letter of the 1 st inst. you are informed that it appears from the records of this office that Benjamin Othel. (of the Revolution) was paid at $48. half yearly to July 1. 1828 the date of his death, Kentucky rolls.
Very respectfully,
M c Clintock Auditor.
Wm. J. A. Bentley, Commissioner of Pensions.
1. "Rev. D.P."

1880 3 rd week last - 7/10 payment as shown by records of this office. Oct 3
1880

 COUNTY CLERK'S OFFICE 
SANTA CLARA COUNTY.
San Jose, Cal. March 16 - 1880.
Commissioner of Pensions, Washington, D. C.
Dear Sir:
Will you please give me the date that Benjamin Ethell, a Revolutionary soldier, drew his pension? His name was spelled in different ways, viz: Ethell, Ethel, Aethol, Athol, Atholl, Athroll, Atherall &c., and in consequence of a doubt as to the correct spelling the pension due him, for many years, was delayed payment. Please give date of payment, amount of pension, and the correct spelling

of the name as appears upon the record. Also give same concerning Anthony Ethell, if the name is found and oblige,
John A. Ethell,
San Jose,
Santa Clara Co.
California.
35286
1828
18/12

35286
Rey INVALID.
File No. 35-286
Benjamin Ethell or Ethell Rev. Mr
Act: 18 th March 18 th
Index:—Vol. 2 , Page 126
[Arrangement of 1870.]

Transferred to Missouri & Nov 1826 from 4 th of Sept 1826

Winchester, Clarke County Ky. October 1 st 1825.
Sir,
I applied on the 5 th day of last Sep r , at the Branch Bank in Lexington, for three years pension then due me for revolutionary services, and was informed by the officers in Bank, that I had been returned to the War department as dead and would have to make application to be reinstated before I would be able to draw what is due to me. I have followed their directions went into open Court and made a statement of facts on oath, a copy of which is herewith enclosed.
In a very few years my claims and myself will be no more; but for the little time I have yet to live, the frailty of old age makes the assistance of my country, more than dear, and doubly necessary. Hoping that my application will meet with immediate attention, I will remain at this place until I hear from your department. The Honorable Sec y of War Your O b d Servant Ben. Ethell

State of Kentucky & Commonwealth to fifth District. etc.
Personally appeared before me John A. Oldham District Judge in and for the fifth Judicial District of Kentucky and also Judge of the Superior Circuit Court in said District a person of reputable character Charles Mellow and made oath to the truth of the foregoing petition and who declared that the same is true to the best of his knowledge, information and belief. Subscribed and sworn to before me this 10th day of March 1820. John A. Oldham District Judge.

The within hand check & Mellon is a Man of Truth and respectable in Society Given under my hand this 15 day of March 1820.
Satisfied that the said Benjamin Ethie did serve as State in his declaration to which this Certificate has reference for nine months, in continuous service. Given under my hand at Elizabeth Town Kentucky this 15 day of March 1820.
Jno P. Alderman

Boon County Mo Missouri
Sir
I received the application for a transfer directed to me in Ky - and since I have removed from there to Missouri where I expect to reside in future and do here in in order to apply for a transfer and wish you to send me on the transfer to Boon City Trenton post office Missouri and sir yours Complacently will oblige yours with great respect &c Benjamin D. Merrill

State of Kentucky
I William L. Kelly one of the Circuit judges for the State of Kentucky and judge of the ninth Judicial District do hereby certify that on this 7 th day of April 1820 George Speaks a reputable witness made oath before me that he is acquainted with Benjamin Othel or rather Ethel, for by that name he knows him best, that he knows well the said Ethel or Othel since in the Revolutionary War on the Continental Establishment for more than nine months, that

he and said that on other several two campaigns together in the 16 th Virginia Regiment on Continental Establish- -ment, I do further certify that I am well satisfied with the truth of said Speaker's statements as to the services of the said Army on the conti- -nental establishment, said Speaker being a man of veracity given under my hand this 10 th day of April 1820
William L. Kelly Circuit Judge
State of Kentucky Washington Circuit Set I John Hughes Jr Clerk of Circuit Court for the said Circuit do hereby

Certify that William L. Rose Esquire whose signature is affixed to the foregoing certificate is and was at the time of signing the same sole and prevailing Judge of the Circuit Court of Washington in the State aforesaid (the said Circuit of Washington being one of the Com- ties composing the 9th Judicial District in said State.) and due faith and credit is and ought to be given to all his official acts as such as well in Courts of Justice as thereout. In Testimony whereof I have hereunto set my hand at my office in the Town of Springfield this 10 th day of April 1890 In the 28 th Year of the Commonwealth
John Hughes Jr

State of Kentucky to wit:
Be it remembered that at a Circuit Court commenced and held in and for the circuit and County of Clarke at the Court house in the Town of Winchester on Monday the Twenty sixth day of September in the year of our Lord one thousand eight hundred and eighteen.
The declaration of Benjamin Ethel was sworn to in open Court by him on this day and the statement in writing of George Redman and James Simpson annexed thereto was also sworn to in open Court by said Redman and Simpson, and both were ordered to be recorded and are in the following words and figures to wit - "State of Ky. Clarke Circuit Feb. on the 26 th day of September 1825. personally appeared in open Court being a Court of record expressly made so by the laws of Ky. which created it Benjamin Ethel sometimes called Ethel, who made oath that he is the same man who is inscribed on the pension list roll of the Kentucky agency and to whom a certificate of his claim issued a copy of which is as follows. War Department - Revolutionary Claim. I certify that in conformity with the law of the United States of the 18 th March 1818 and 1 st May 1820. Benjamin Ethell or Ethel of Clarke County Kentucky late a corporal in the army of the revolution is inscribed on the pension list roll of the Kentucky agency at the rate of eight dollars per month to commence on the 31 st day of August 1818. Given at the War Office of the United States this 7 th day of September 1820. J. C. Calhoun secretary of war
Which Certificate is endorsed on the back as registered in Book B. Volume 10. Page 40. He also made Oath that he has drawn no part of his pension which fell due since the 4 th Sept. 1822, and that there is at this time three years of his said pension due to him The reasons why he did not draw his pension since that time

are these - Shortly after he was placed on the pension list and had obtained said certificate he removed from the State of Kentucky to the State of Missouri, Boone County, where he has ever since resided. he got an opportunity in the fall of the year 1822. and sent to Kentucky by a friend who he authorized to get the money for him, and drew what fell due on the 4 th of Octr. 1822. Since that time only one opportunity has occurred being about nineteen or twenty months after 4 th of Octr. 1822. when he again sent by a friend to whom he gave a power of attorney to draw the money for him. but his said agent having by some casualty lost his pocket book in which said Power of Attorney was had to return without the money, and he although from old age and debility badly qualified to travel the distance he lived from Lexington Kentucky. Made the attempt this fall and having reached Lexington on the 5 th day of September 1825. applied at the branch Bank U. S. for the money due him when he was informed by the officers of said Bank that he had been reported to the war department as dead and could not get his pension without making application to that department, and the reason assigned for his being returned as dead was his failure to apply for his pension for two years in succession. He also stated that he has become so weak, and has been so for the last three years, that he cannot ride from Missouri to Kentucky without great bodily pain and even some hazard to his life, and furthermore that he was ignorant that a failure to apply for his money for the period of two years would produce the result it has. He stated that it was on the 15 th day of July 1820. that he in this Court made his last declaration on the subject of his pension. Signed. Benjamin C. Othell

And at the same time George Redman and James Simpson personally appeared in open court and made oath that the said Benjamin Ethell is the same man who appeared in this court on the 15 th day of July 1820, and made said declaration on the subject of his pension.
(Signed)
George Redman James Simpson
State of Kentucky 3 d Set. Clarke Circuit
I Samuel M. Taylor clerk of the court held for the circuit aforesaid, do hereby certify that the foregoing Declaration of Benjamin Ethell and the statement thereto annexed of George Redman and James Simpson are truly transcribed from the records of said court.
In testimony whereof I have hereunto set my hand and affixed the seal of said court this 1 st day of October 1825. and in the 54 th year of the Commonwealth.
Sam. M. Taylor clerk
State of Ky Clarke County 3 d Set
I George Shannon one of the judges of the circuit for said State of Ky, and appointed by law to preside in the circuit aforesaid, do hereby certify that the said Sam. M. Taylor whose affidavit is hereto annexed is clerk.

of the Court aforesaid, and that his foregoing certificate is in due form of law. Given under my hand this 1 st day of October 1825
George Shannon.